[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
The Borough Council may, from time to time, amend this chapter
in accordance with the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
The Borough Council may grant a waiver or modification of the requirements
of one or more provisions of this chapter if it is demonstrated to
the satisfaction of the Borough Council that the waiver or modification
would not be a threat to public health and safety and at least one
of the following conditions are met:
A.
Literal enforcement of the provision(s) of this chapter will exact
undue hardship or is unreasonable because of peculiar conditions pertaining
to the land in question.
B.
An alternative standard is proposed that will serve the same public
purposes.
C.
The requirement is unreasonable because of the small size and limited
impact of the proposed subdivision or land development.
2.
All requests for a waiver or modification shall be in writing. The
request shall state in full the reasons for the request and the section
numbers involved. The Borough Council may attach reasonable conditions
or limitations upon an approved waiver or modification.
3.
The Borough Council, in considering requests for a waiver or modification
that involves engineering matters, shall consider any recommendations
of the Borough Engineer.
4.
The Borough Council shall keep a written record of all action on
all requests for waivers or modifications.
5.
If a waiver or modification of one or more requirements of this chapter
is granted, a note stating the provision(s) waived or modified shall
appear on the plan sheet to be recorded at the Recorder of Deeds Office.
6.
The Borough Council shall also have the authority to defer the construction
of a specific improvement, such as allowing a sidewalk to be built
by the lot owner prior to occupancy of a lot, but after the lot is
sold.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
The Borough Council shall establish, from time to time by resolution,
a schedule of application fees to be paid by the developer to the
Borough and a schedule of escrow deposits for money to be posted by
the developer with the Borough at the time of filing a sketch, preliminary,
preliminary/final and/or final plan submission. No plan shall be accepted
for filing unless the required number of plans are submitted to the
Borough, accompanied by the supplemental materials required under
this chapter for any such plan submission and the required application
fee and escrow deposit.
2.
The developer shall be required to reimburse the Borough for all
of the reasonable and necessary administrative costs, legal, engineering
and other professional consultant fees and costs actually incurred
by the Borough for the review and processing of a proposed subdivision
or land development plan.
3.
The money placed in escrow with the Borough shall be utilized to
reimburse the Borough for any and all reasonable and necessary administrative
costs, engineering, legal or other professional consultant fees and
expenses incurred by the Borough for reviewing and processing any
plan submission. Whenever the escrow deposit balance is 50% or less
of the required initial escrow deposit, the developer shall make payment
within 15 days after request by the Borough in an amount necessary
to fully fund the escrow account.
4.
Upon the recordation of the subdivision and/or land development plan
with the County Recorder of Deeds and the payment of all Borough administrative
costs, engineering, legal and other professional consultant fees and
expenses, the balance of the escrow account shall be refunded to the
developer. Money held in escrow will not be returned until all invoices
from the Borough Engineer, Borough Solicitor or other professional
consultant have been received by the Borough and paid by the developer.
5.
In the event the developer disputes the amount of such review fees,
the developer shall, within 10 days of the billing date, notify the
Borough Administrative Office in writing that such fees, or any portion
thereof, are in dispute.
6.
In the event that the developer and the Borough cannot reach agreement,
within 20 days of the billing date, on the amount of the review fees,
then the developer and the Borough shall follow the procedures for
dispute resolution set forth in § 510(g) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10510(g).
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
The preventative and enforcement remedies as delineated in Sections
515.1 and 515.3, respectively, of the MPC[1] shall apply.
A.
The Borough Administrator (or the successor position) and his/her
designees (which may include the Borough Engineer) shall have the
authority to enforce the provisions of this chapter and the accompanying
design standards and improvement specifications required under this
chapter.
B.
Employees and representatives of the Borough shall have the authority
to inspect construction to determine compliance with Borough requirements
and conditions that were placed upon plan approval.
C.
Any action inconsistent with the provisions of this chapter shall
be subject to a cease and desist order by the Borough staff, and other
appropriate measures deemed appropriate by the Borough Council or
agent authorized by it to enforce the provisions of this chapter.
[1]
Editor's Note: See 53 P.S. §§ 10515.1 and 10515.3,
respectively.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
Completion of Improvements. In the event that any improvements which
may be required have not been installed as required in this chapter
or in accord with the approved final plat, the Borough may enforce
any security by appropriate legal and equitable remedies, as outlined
in the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
Any person, partnership or corporation who or which has violated
any provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough Council
or their authorized representatives, pay a judgement of not more than
$500 plus all court costs, including reasonable attorneys fees incurred
by the municipality as a result thereof, unless a higher penalty is
established under state law. This shall include, but not be limited
to, any person, partnership or corporation that accomplishes any act
listed under § 104, Applicability, without following the
applicable procedures of this chapter.
4.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
5.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the District Justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating the
ordinance to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the District Justice and, thereafter, each day that a violation
continues shall constitute a separate violation. Imprisonment shall
not be authorized as a penalty under this chapter.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
An appeal from a decision of the Borough Council with respect
to the approval or disapproval of a subdivision or land development
plan shall be appealed directly to the Court of Common Pleas within
the time period and in the manner prescribed by the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
